I do not think that there is a nonmythological, nonideological way of telling a country’s story […]Stories about what a nation has been and should try to be are not attempts at accurate representation, but rather attempts to forge a moral identity. The argument between Left and Right about which episodes in our history we Americans should pride ourselves on will never be a contest between a true and a false account of our country’s history and its identity. It is better described as an argument about which hopes to allow ourselves and which to forgo.

If leftists operate under the assumption that nobody’s version of history is, or can be, objectively true anyway, then it follows that no amount of evidence or counter-argument will persuade them to abandon factually-unsustainable positions. Accordingly, leftists cling to many falsehoods that, no matter how many times they’re killed, just won’t die: the rich aren’t paying their fare share (wrong), human life doesn’t begin at fertilization (wrong), Saddam Hussein had no WMDs or ties to terrorism (wrong and wrong), the Founders didn’t care about slavery (wrong), the Red Scare was much ado about nothing (wrong), women still face pay discrimination in the workplace (wrong), the science is settled on global warming (wrong).

To prevent a careful recount of the vote, the self-professed conservatives on the U.S. Supreme Court ignored the decision of lower federal courts, which four times had rejected similar stay requests from the Bush campaign. As a result, the majority could not cite any real, germane Florida statutory law to support its contention that the counting must be ended immediately. Instead, the court chose to overturn a state court’s election laws as interpreted by that state’s supreme court on the basis of a legal theory that the justices simply made up on the spot: that different counting standards violate the equal protection and due process provisions of the U.S. Constitution.

First, some background: Bush won Florida’s initial vote, albeit narrowly enough to trigger a full machine recount. This recount was conducted. Bush won again. Gore requested a manual recount in four heavily-Democrat counties, as he was legally entitled to do. However, as Mark Levin explains inMen in Black, under the law that would only lead to a full recount in those counties if a partial manual recount—“1 percent of the county’s total votes in at least three precincts”—indicated a vote tabulation error, which it didn’t. Therefore, Levin argues, “there was no statutory authority for the four counties to conduct full manual recounts of all the votes.” But two of the counties went ahead anyway. Thus, the recounts Bush’s lawyers sought to stop and Alterman’s esteemed lower courts sought to continue, weren’t legally authorized. Further, state law placed a clear deadline, 5PM on November 14, by which recounts had to stop and results had to be turned in. In following the deadline, Florida Secretary of State Katherine Harris was only doing her job and letting the process take its course. It was the Florida Supreme Court, not the federal one, which “chose to overturn a state court’s election laws” by ruling not only against Harris and for Gore’s recounts, but by also ordering additional recounts—without bothering to provide either a deadline or standards of procedure.

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